Daily Republican., 1887-08-15
THIRD EDITION.
wnl the Policy shops be Oiosedf
IoonnuNIcArED.l

l.
(oonMUNIcArEp.1
rh,. q. tho question that the citizens ,
of Wilmington are looking tor spoe1y !
.sn,v to. And they are anxiously look.
inp ior the Mayor OF this city 70 per
tom @ h,s duty in suppressing and driv.
ine out the policy dealers sni the clos !.
inc NO Of the policy shops now open
daily and nightly TO public view IN
various psrts Of this city. The atten'
tton Of the Mayor 10 specially called 70
she ordinance Of the city entitled, An
O,dinance concerning lottery poiicies,
~hich he will Ind on page 70l OF VII
minsron CITY Code of 1885 Also to the
.tstrte of the State of Delaware passed
at Dnvpr at the sesrion CT 1851, ex-
pressly for the purpose of breaking up
pnlioy asmbling, faro banks. sweat
oloth and other epscies OF gambling
and games OF chance, and providing
With severe penalties the punishment
thereof Of Ill persons who Keep spy
such place, or the owner OF any ouilo'
ing who knowingly or willingly al.
lowed any building owned BY him or
her 70 be used for such unlawful pui-
pose. The recent statute above re-
ferrsd to Was prepared with great care
for the purpose OF driving out eneol.
nAllY Rll tuo POitSy ac~AosSt
cloth and other device gamblers In this
State. This bill was prepared BY the
aDecisl request and demand OF the ju.
diciary Of this State.
The author OF the present communica.
tion vas ysesepl In the court House IL
this city during d sestion Of the court
in 1886. when Chief Justice ComeRys
publicly called the attention OF the AZ
torney general and his deputy to the
great demand for the passage OF law
at the next session Of ths General As
sembly to punish policy dealers ard
other device, gamblers and gambling
generally In this Stste. In his remarks
the Ohief Justice said: 81 specially call
the attention OF the Attorney General
TO this matter, and shall look TO him
to have bill prepared, presented 10,
and passed ct the next session OF the
General Assembly that will stamp out
policy, gambling, etc." Such Q bill
was duly prepared, as directed BY the
On.ef JusLicr, and passed 1t the last
session Of the Delaware State Legisla'
ture. Bot to the utter surprise and In :
digration of nil law-abiding citizens OF
this State, this bill, after it's passage
and before 1t was enrolled and signed
BIZ the speakers Of the Senate and Roust
Of Representatives. Vas mislaid, lost ol
stolen from the clerks desk $50 an
nounced). Now by whom was thii
particular bill mislaid, lost or stolen
This is q question that the person IL
whose lawful custody IL was left hSi
never explained, or attem pted 90 to do
And 1t ID dne to the citizens OF thi
State that the culprit who stole thi
bill should be terreted out and public!,
exposed.
Why should this particular bill b
abstracted, or destroyed. and nom
other? This shoold be explained, ant
until 1t Ia don't the public have the righ
to believe that IL WAS purpossly and de
s.gnsdly destroyed by some person fol
his individual financial interest, emo
the benefit of policy des!ers; fortunate
ly the theft was discovered In time Il
have q new bill 'verbstum ot literatin
prepared and passed before the sseem
bly, adjourned sine die. This bill wa
duly enrolled and signod, and q copI
of the sans duly authenticated wa
without delay procured by order o
Council. This set, Notwithstanding tn
Mayors previously expressed deciara
tion TO drive all the policy dealere ou
OF the city or close up their lefariou
business, has 30 lar remained as
dead letter. Policy shops are boomin
openly and above board on the moi
public streets Of our city. Their pre-
else location has again and again bee
stated through the press OF this city 70
several months past. Is 1t reasonabl
to believe that the Mayor and the sntir
police force of this city do no: kno'
that those unlawful pisces, where polio
rows are written ard sold, are to-dA
open aud In full blast In defiance Of tn
law of The State aud the ordinance Q
the city?
Ianewer, 1t is not reaRonab'e to b
lieve that they, or any Of them, ar
ignorant OF the fact that those uulaw
ful lottery gambling policy shops 81
daily and nightly open, as the keeper
thereof have not for weeks past al
tempted to conceal their busint 90 froI
the public gaze Of persons on the nid'
walks. Then the question arises, VIII
does not the Mayor, the chief exe5utiv
officer Of this city, who has taken
solemn oath to execute the laws nj
ordinarcs appertainina to this cit
cause the arrest OF the policy desle
and the closing Of their dens OF vic
To this question newspaper rumor say
the May or states that he does not kno
whether the recent act of The Assemb
IS D COubtttutiOuhl dCt, tnat no uOuD
the constitutionality OF the act aft
consulting with tWo Democrats ar
two Republican legal gentlemen Of tn
city. Indeed, Is the Mayer OF Wi
mtn2ton the proper perton to deci(
what acts passed by the General Assem-
bly, are and what sre not constitutions
II 80, then we, tho people, demand
know from whom, and from viii
source he derived the power to deoit
what acts of the General Assembly
ordinances CT the city OF Wilmingtt
are not constitutional acts or ordinance
Can 1t be possible that the Mayor is
ill!terste as to believe that he has an
thing to do with the Interpretation
the oonstitutionallty of an act of A
sembly?
If so, he Is utterly unat f2r the po!
ton he occupies. II is q well.settl,
principle of law that ssy school boy
IL years OF age Ia familiar with, th
the courts Oudges learned 10 the Law
are the proper and only persons (ip {
case Of an appeal being taken befo
them) who decide whethe: or not
statute conflicts with the State Cons
tuition, or National Consultation, as t
case may be. The Mayor OF this city
an executive officer; he is bound by |
oAth OF Office TO enforce the laws q
ordinances as he finds tnem in I
statute books and book of ordipap o
and he has no right to refuse to enfo!
them until the courts pronounce the
invalid nuonr itntInpal, ari 10